Five Years Since Horrific Delhi Riots, Justice Is Still A Distant Dream
FILE PHOTO: A firefighter walks past damaged shops at a tyre market after they were set on fire by a mob in a riot-affected area in New Delhi on February 26, 2020
It has been five years since the February 2020 Delhi pogrom, and the lives of those affected are still in a pitiful state. They are caught between loss, grief, and a lack of justice. The memories of the violence continue to affect both the victims and the city.
The communal violence revealed serious divisions in society. The wounds from the violence in northeast Delhi are still fresh. Between February 23 and 26, 2020, 53 people were killed, over 500 were injured, and property worth crores was destroyed. Of those who died, about 40 were Muslims and 13 were Hindus.
The violence started during clashes between supporters and opponents of the Citizenship (Amendment) Act (CAA). This law, passed by the BJP-led government in December 2019, aimed to give citizenship to undocumented migrants from Pakistan, Bangladesh, and Afghanistan, but it excluded Muslims and Jews.
The CAA sparked widespread protests across India. The violence began in Jaffrabad, northeast Delhi, where women were protesting against the CAA. It also affected areas like Khajuri Khas, Bhajanpura, and Gokulpuri.
The Delhi Minority Commission Report later accused the Delhi Police of biased investigations. This led to real culprits escaping justice while innocent people, mostly Muslims, were charged with crimes they did not commit. The police used strict laws like the Unlawful Activities (Prevention) Act (UAPA) to keep people in jail for longer periods without trial or bail.
There are allegations that inflammatory speeches by BJP leaders, including current law minister Kapil Mishra, incited the violence. Mishra, who was previously an MLA for the Aam Aadmi Party (AAP), later joined the BJP. The BJP recently won the Delhi assembly elections, defeating AAP, and Mishra won in one of the assembly segments impacted by the 2020 riots.
The court subsequently criticized the investigating officer (IO) for not adequately investigating Mishra’s role in the violence, indicating that there may have been attempts to conceal the BJP leader’s involvement.
Current status of cases
Five years after the riots, only 109 out of the 695 cases related to rioting, arson, and unlawful assembly filed by the police have resulted in verdicts. The Delhi Police registered a total of 758 cases.
Of these, 695 cases were filed at various police stations in northeast Delhi, with 62 investigated by the Crime Branch and one by the Special Cell. Among the 2,619 people arrested, courts have acquitted 183 individuals, dropped charges against 75, and convicted 47. Many of those convicted are currently out on bail, with reports indicating that this number could exceed 2,000.
The Delhi Police claimed their investigation uncovered a “larger conspiracy,” which led to charges against several individuals. This conspiracy is detailed in FIR 59/2020, which names former Jawaharlal Nehru University student leader Umar Khalid as the alleged “mastermind” behind the violence.
Special public prosecutor Amit Prasad argued that the violence was part of a coordinated effort to create unrest during US President Donald Trump’s visit to India. Analysts also suggest that the BJP’s surprising defeat in the February 2020 Delhi assembly elections may have contributed to the unrest.
However, an analysis of five chargesheets, totaling over 30,000 pages, along with interviews with defense lawyers, raises significant concerns. There are notable gaps in the evidence, questionable witness statements, and allegations that protests were criminalized, resulting in accusations based on weak evidence at best.
FIR 59 of the UAPA
One of the most controversial cases being investigated by the Special Cell under the stringent Unlawful Activities (Prevention) Act (UAPA) is based on FIR 59. Out of the 21 individuals arrested in this case, 18 have been charged under the UAPA.
In the case of Ankit Sharma, a 26-year-old Intelligence Bureau officer who was killed during the violence, 11 accused individuals remain in custody. Sharma’s body was found in a drain in Chand Bagh on February 26, 2020.
Khalid Saifi has been granted bail on two charges. The court confirmed that he was not part of the rioting crowd; however, the police invoked the UAPA to complicate his bail process. This tactic resulted in his extended detention despite the lack of a chargesheet, a situation that reflects the experiences of several others, including Umar Khalid.
Mishandling of evidence
Several local courts in Delhi have consistently criticized investigating officers for their inadequate investigations and mishandling of evidence. In one instance, a Delhi court reprimanded an officer for using a “manipulated video” to implicate an accused in the violence, highlighting the officer’s unprofessional conduct and the incomplete investigation, particularly regarding the video’s source.
Additional Sessions Judge Pulastya Pramachala also criticized the officer for combining six complaints in the case without conducting a thorough investigation. In August 2021, Additional Sessions Judge Vinod Yadav condemned the Delhi Police for their handling of riot-related cases, pointing out poorly filed chargesheets and the failure of investigating officers to appear in court.
In September 2021, Judge Yadav discharged three men accused of rioting and arson, stating, “When history looks back at the worst communal riots since Partition in Delhi, it is the failure of the investigating agency to conduct a proper investigation using the latest scientific methods that will torment the sentinels of democracy.” He noted that many accused individuals had been in jail for about one-and-a-half years due to delays in starting their trials, while the police continued to file supplementary chargesheets, wasting judicial time.
In August 2023, a Delhi court acquitted an individual accused of rioting, stating that the police had failed to provide sufficient evidence and had not properly investigated the incidents. The judge remarked that the charges against the accused were based on weak suspicions, with no proof of their involvement in the rioting.
In October 2023, Judge Pramachala directed the police commissioner to investigate the officer responsible for preparing a chargesheet based solely on “hearsay evidence.” This case involved an FIR lodged at Gokulpuri police station during the riots, where multiple individuals were accused of rioting, arson, and unlawful assembly.
In one judgment, the court found that a new statement had been recorded solely to cover up weaknesses in the prosecution’s case and justify the chargesheet. In another case, the court determined that the police had tampered with evidence, presenting only part of a video in court to falsely implicate an innocent person.
Additionally, in a separate verdict, while acquitting the accused, the court noted significant flaws in the investigation, suggesting that two police officers had been used as witnesses merely to create the impression that the case had been solved. In another instance, the court stated that the chargesheet had been filed with bias to cover up earlier mistakes made during the investigation.
Sorry Condition of Accused
Due to inadequate investigations, many of the accused continue to languish in jail. In November 2024, the Supreme Court denied bail to Gulfisha Fatima, one of the individuals charged in the violence, but instructed the Delhi High Court to expedite her bail hearing. Fatima had been in jail for four years, and her bail petition had been pending for an extended period.
Similarly, in October 2024, the Supreme Court also refused bail to Sharjeel Imam, another accused in the riots. However, some individuals have been granted bail. In March 2022, Ishrat Jahan, a former councillor arrested under the UAPA, was granted bail after her defense argued that the police had no evidence against her.
Additionally, in June 2021, activists Devangana Kalita, Natasha Narwal, and student Asif Iqbal Tanha were granted bail by the Delhi High Court. The court noted that speeches and protests, even if considered inflammatory, could not be classified as terrorist acts.
Meanwhile, Khalid Saifi and Umar Khalid, who are still in jail, continue to fight for bail. Umar Khalid was arrested in September 2020 and faces charges of terrorism, rioting, and criminal conspiracy under the UAPA. He has experienced multiple bail rejections and numerous adjournments.
During a hearing in February 2025, Khalid’s lawyer, Trideep Pais, argued that simply being part of a WhatsApp group was not enough evidence to prove involvement in the violence. Khalid has now been in custody for nearly five years without a trial.
The next hearing in his case is set for March 4, 2025.
